755 ILCS 75/1
Short title
Short title. This Act may be cited as the Uniform Partition of Heirs Property Act. (Source: P.A. 101-520, eff. 8-23-19.)
Illinois Compiled Statutes 755 ILCS 75 — Uniform Partition of Heirs Property Act.
Illinois · statute · 755 ILCS 75 · 14 active provisions
Provisions
755 ILCS 75/2
Definitions
Definitions. In this Act: (1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this State but who is not the other individ…
755 ILCS 75/3
Applicability; relation to other law
Applicability; relation to other law. (a) This Act applies to partition actions filed on or after the effective date of this Act. (b) In an action to partition real property under Article XVII of the Code of Civil Procedure the court shall determine whether the property is heirs property. If the court determines that t…
755 ILCS 75/4
Service; notice by posting
Service; notice by posting. (a) This Act does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the plaintiff, not later th…
755 ILCS 75/5
Commissioners
Commissioners. If the court appoints a commissioner pursuant to Article XVII of the Code of Civil Procedure, the commissioner, in addition to the requirements and disqualifications applicable to commissioners in Article XVII of the Code of Civil Procedure, must be disinterested and impartial and not a party to or a par…
755 ILCS 75/6
Determination of value
Determination of value. (a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d). (b) If all cote…
755 ILCS 75/7
Cotenant buyout
Cotenant buyout. (a) If any cotenant requested partition by sale, after the determination of value under Section 6, the court shall order the plaintiff to send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition b…
755 ILCS 75/8
Partition alternatives
Partition alternatives. (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 7, or if after conclusion of the buyout under Section 7, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the…
755 ILCS 75/9
Consideration for partition in kind
Consideration for partition in kind. (a) In determining under Section 8(a) whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following: (1) whether the heirs property practicably can be divided among the cotenants; (2) whether partition in kind would…
755 ILCS 75/10
Open-market sale, sealed bids, or auction
Open-market sale, sealed bids, or auction. (a) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (b) If the court orders an open-…
755 ILCS 75/11
Report of open-market sale
Report of open-market sale. (a) Unless required to do so within a shorter time by Article XVII of the Code of Civil Procedure, a broker appointed under Section 10(b) to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the propert…
755 ILCS 75/12
Costs
Costs. In all proceedings for the partition of heirs property, the court shall apportion the costs of the proceedings, including a reasonable fee for the plaintiff's attorney, among the parties in interest in the action, as the court deems just and equitable. In determining the just and equitable apportionment of the c…
755 ILCS 75/60
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 101-520, eff. 8-23-19; text omitted.)
755 ILCS 75/99
Effective date
Effective date. This Act takes effect upon becoming law. (Source: P.A. 101-520, eff. 8-23-19.)